The Bar Council of India (BCI) has amended Rule-4, Chapter-I of the BCI Rules, 2023, which outlines the disqualifications for election as a Member of the State Bar Council or the Bar Council of India. The amendment primarily modifies the criteria concerning pending criminal cases. Previously, an advocate was disqualified if even one criminal case of a serious nature (punishable by seven years or more imprisonment) was pending against them within nine months of the election date. The new provision introduces a more limited disqualification: a candidate is now only ineligible for election if two or more such serious criminal cases are pending against them as of nine months prior to the election. The pendency of a single such case will no longer be a disqualification. Other conditions remain unchanged, including the disqualification for being a convict, having a pending disciplinary committee case within nine months, not being in regular practice, or engaging in work as a handwriting expert or appearing as a witness in support of a litigant. The amendment also adds a provision allowing an aggrieved candidate to appeal the Returning Officer’s decision under this rule to the Central Election Tribunal of the BCI within three days.
BAR COUNCIL OF INDIA
NOTIFICATION
New Delhi, the 29th October, 2025
F. No. BCI:D: 7649/2025.—The General Council of the Bar Council of India unanimously resolves to amend Rule-4, Chapter-I of Bar Council of India Rules (for Qualification/Disqualification and procedure for election and code of conduct for the elections of S.B.C/B.C.I.), 2023, which was published in the official Gazette of India on 23rd June, 2023.
Rule-4 of Chapter-I relating to Disqualifications for being a Member of State Bar Council(s) and Bar Council of India.
The existing provision runs as follows: –
An Advocate, for being a Member of any Bar Council should not have been punished by any Disciplinary Committee and/or should not be a convict. There should be no Criminal case of serious nature (prescribing punishment for 7 years or more) pending against him/her prior to 9 months of the election. There should be no Disciplinary Committee Case pending before 9 months of election against him/her. He/she should be regular in practice and should not be in any other job or occupation. Any Advocate doing work of Handwriting expert or appearing as a witness in support of any litigant, shall not be eligible to be a Member of any Bar Council.
After Amendment Rule-4, Chapter-I reads as follows: –
An Advocate, for being a Member of any Bar Council should not have been punished by any Disciplinary Committee and/or should not be a convict. A candidate shall be ineligible for election if, as of a date not later than nine months prior to the election, two or more criminal cases of a serious nature (meaning offences punishable with imprisonment of seven years or more) are pending against him or her. For the avoidance of doubt, the pendency of only one such case shall not, by itself, attract this disqualification. There should be no Disciplinary Committee Case pending before 9 months of election against him/her. He/she should be regular in practice and should not be in any other job or occupation. Any Advocate doing work of Handwriting expert or appearing as a witness in support of any litigant, shall not be eligible to be a Member of any Bar Council. Any candidate aggrieved by the decision of the Returning Officer under this rule may approach the concerned Central Election Tribunal of the Bar Council of India within a period of 3 days and the decision of the Central Election Tribunal shall be final and binding on the Returning Officer.
SRIMANTO SEN, Principal Secy.
[ADVT.-III/4/Exty./434/2025-26]
